CMS successfully defends the Sunday trading decree

CMS Derks Star Busmann has successfully acted for the municipality of Rheden in the defence of its Sunday trading decree at the preliminary injunction court of the Hague of the Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven - CBb).

Along with 14 retailers and the trade union CNV Vakmensen (CNV Professionals), the Association against Extending Sunday Trading Hours (Stichting tegen Verruiming Zondagopenstelling) demanded suspension of the municipality’s decision to permit 52 Sunday trading days a year.

However, partially based on the argument of lawyer Jan van Vulpen from CMS, the court held that the Sunday trading of the shops in the village centres of Velp, Rheden and Dieren support tourism in this region. Every year, the Veluwezoom National Park attracts more than 2 million visitors, a large number of whom visit the south-east area, the Posbank. According to the judgement, along with the three village centres, this area of the National Park actually forms an integral whole.

This was the first time that a Sunday trading decree has been contested since the recent tightening of the Dutch Trading Hours Act (Winkeltijdenwet), in which opening on Sundays is now only permitted when the relevant municipality attracts an above-average number of tourists. Otherwise, twelve Sunday trading days each year is the maximum.

For the present, the shops in the municipality of Rheden may open every Sunday. Whether they will be allowed to open on a permanent basis depends on the outcome of the pending objection proceedings which commence next week.